This Site (“the Site”) is subject to the following terms and conditions (the “Terms”). By proceeding to view this Site or any part of it, you acknowledge that you have read, understood and accepted these Terms, which shall constitute the entire binding agreement between you and Silverback Developments Limited (“Newby”), who control and operate the Site, in respect of your use of the Site. No other terms shall apply. These Terms may be varied by Newby from time to time and the revised Terms will be deemed to apply at the relevant time in respect of your registration and/or use of the Site.
If you breach any of these Terms, your permission to use the Site automatically terminates and you must immediately destroy any downloaded extracts from the Site.
This Site comprises marketing material produced by Newby in respect of properties built
or in the process of being built (“the Developments”). The Site is intended to assist prospective clients of Newby who may be interested in acquiring properties located within the Developments. These terms and conditions relate to such marketing material and how it can be used and downloaded by the user only. The Site does not constitute an offer to enter into any form of negotiation or agreement in respect of any of the Developments or any part of the same nor does it constitute a representation that any specific property or Development will remain open for acquisition for any specific period of time.
Prospective clients are reminded that purchasing real property is a major financial commitment. As a result they should take all reasonable steps to ensure that any property they are proposing to purchase is suitable for their requirements in all respects. The Site and its contents are presented in good faith and Newby have made all reasonable endeavours to ensure that material contained within it is accurate but it should not be taken as a substitute for a client’s further enquiries including but not limited to site visits, discussions with our sales office, independent legal and financial advice. Without prejudice to the generality of these terms, Users of the Site are strictly prohibited from downloading or re-circulating material obtained from the Site for the purposes of promoting properties other than those put on sale by Newby including properties previously sold by Newby in the Developments which are offered for resale or lease by third parties.
Nothing in this clause is intended to exclude or limit liability for fraud or for fraudulent misrepresentation or any other liability which may not be legally excluded or limited.
Newby believes all information on the Site is up to date at the time it is posted. Newby reserves the right to add, alter or delete material from the Site at any time and may, at any time, revise these Terms without notifying you. You are bound by any such amendments and Newby therefore advise that you periodically visit this page to review the current Terms. Whilst Newby uses reasonable efforts to include accurate information in the Site, it makes no warranties or representations as to the accuracy of any information given and all such warranties (whether implied or otherwise) are excluded to the extent permitted by law. Newby excludes all liability for any errors or omissions in the content of the Site to the fullest extent permitted by law. The particulars contained on the Site are for guidance purposes only. The accuracy of any particulars, description, dimensions, references to condition, necessary permissions for use and occupation and other details contained in the Site is not guaranteed and is for general guidance only and prospective purchasers or tenants must not rely on them as statements of fact or representations and must satisfy themselves as to their accuracy. Neither Newby nor any of its employees or representatives has any authority to make or give any representation or warranty or enter into any contract whatever in relation to the property. The reference to any mechanical or electrical equipment or other facilities at the property will not constitute a representation (unless otherwise stated) as to its state or condition or that it is capable of fulfilling its intended function. Prospective tenants/purchasers should satisfy themselves as to the fitness of such equipment for their requirements.
Newby advises that you take appropriate steps to verify any information upon which you wish to rely. To find out more about a development, please visit the site sales office during opening hours and speak to one of our sales staff.
The Site and the information contained on it is provided on an ‘as-is’ basis and Newby shall not be liable to you in respect of the Site or the use, accessing, downloading or relying on any information contained or referred to on the Site. Newby excludes all liability to the fullest extent permitted by law whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for (but not limited to) any loss of profit, loss of revenue, loss of anticipated savings, loss or corruption of data due to viruses or otherwise, loss of contract or opportunity, loss of goodwill or indirect or consequential loss of whatever nature including (without limit) any loss of a type described above which could be regarded as indirect or consequential and whether or not reasonably foreseeable by you, a third party or Newby in connection with the Site. Whilst Newby makes reasonable attempts to exclude viruses and other harmful components from the Site, its content or server, it cannot guarantee such exclusion and makes no warranty to that it makes such exclusion, to the extent permitted by law excludes all liability for viruses which may be downloaded from the Site. Newby recommends that you take all appropriate safeguards prior to downloading information from the Site. Newby excludes all implied warranties to the fullest extent permitted by English law. For the avoidance of doubt, nothing in the Terms will exclude or limit the liability of Newby in respect of death or personal injury due to the negligence of fraud of Newby.
You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Site are the property of Newby, its information providers or licensors. The Site is owned and operated by Newby. No part of the Site, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of Newby.
You are permitted to download extracts from this website on the basis that no material may be copied, modified, added to or distributed in any way. You may download one copy of the material on any single computer for your private use only, provided that you keep intact all copyright and other proprietary notices. You are not permitted to publish the contents of the Site including but not limited to publication on any other website or computer environment. If you are dissatisfied with the web-site or any content or material on it, your sole exclusive remedy is to discontinue use of the web-site.
The Site complies with English law. If you are not based in the UK, then you are not authorised to use the Site and Newby will not be responsible for any loss or liability arising as a result of any such unauthorised access.
The format and content of the Site may be changed at any time without notice. Its operation may be suspended or discontinued for support or maintenance work, in order to update its content or for any other reason. Access may be terminated either in relation to specific users or generally at any time and without notice.
Our e-mails are confidential and are intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient and you have received an e-mail in error then any use, dissemination, forwarding, printing or copying of the e-mail is strictly prohibited and you should contact the sender by e-mail return and then delete all the material from your system. Any views or opinions presented are solely those of the author and do not necessarily represent those of Silverback Developments Limited (trading as Newby). We have taken precautions to minimise the risk of transmitting software viruses, but we advise that you carry out your own checks on any attachments to the message. We cannot accept liability for any loss or damage caused by software viruses. Silverback Developments Limited (trading as Newby) is incorporated in England and Wales (registered number 07029018). Our registered office is 10 The Stables, Newby Hall, Ripon, HG4 5AE.
Personal details provided through this web-site will be used in accordance with our Privacy Statement. By providing your personal details you are consenting to its use in accordance with our Privacy Statement.
If any user of the Site, or any other person, that views a Newby published document responds with any information or feedback such as questions, comments, suggestions, or the like, such information will be deemed to be non-confidential and Newby is at liberty to use, reproduce, disclose and distribute that information to any other person.
Further, Newby is at liberty to use or exploit any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever without charge including, but not limited to, developing, manufacturing and marketing products incorporating such information.
Silverback Developments Limited
3 The Stables, Newby Hall, Ripon
North Yorkshire HG4 5AE
Registered in England and Wales Number 09260142